People v. Burke

Appellate Division of the Supreme Court of New York

People v. Burke

271 A.D.2d 762, 706 N.Y.S.2d 644, 2000 N.Y. App. Div. LEXIS 4235

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 13, 2000

StatusPublished

This text of 271 A.D.2d 762 (People v. Burke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Burke, 271 A.D.2d 762, 706 N.Y.S.2d 644, 2000 N.Y. App. Div. LEXIS 4235 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 17, 1999, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defense counsel seeks to be relieved from his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel’s brief, we agree. After waiving indictment, defendant, represented by counsel, entered a knowing, voluntary and intelligent plea of guilty to the crime of criminal possession of a weapon in the second degree and waived his right to appeal (see, People v George, 261 AD2d 711, lv denied 93 NY2d 1018). Defendant was sentenced to a determinate prison term of 3V2 years in accordance with the agreed-upon terms of the plea agreement. The judgment is accordingly affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Crew III, Spain, Carpinello and Graífeo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 17, 1999, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defense counsel seeks to be relieved from his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel’s brief, we agree. After waiving indictment, defendant, represented by counsel, entered a knowing, voluntary and intelligent plea of guilty to the crime of criminal possession of a weapon in the second degree and waived his right to appeal (see, People v George, 261 AD2d 711, lv denied 93 NY2d 1018). Defendant was sentenced to a determinate prison term of 3V2 years in accordance with the agreed-upon terms of the plea agreement. The judgment is accordingly affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Crew III, Spain, Carpinello and Graífeo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Cite This Page — Counsel Stack

Bluebook (online)

271 A.D.2d 762, 706 N.Y.S.2d 644, 2000 N.Y. App. Div. LEXIS 4235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burke-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack